Chapter 14 - Fertilizer
CHAPTER 14 - FERTILIZER
11-14-101. Short title.
This act shall be known as the"Wyoming Fertilizer Law of 2009."
11-14-102. Administration of provisions.
This act shall be administered by the statedepartment of agriculture, hereinafter referred to as the department.
11-14-103. Definitions.
(a) As used in this act:
(i) "Brand" means a term, design or trademark used inconnection with one (1) or several grades of commercial fertilizer;
(ii) "Bulk fertilizer" means a commercial fertilizerdistributed in a nonpackaged form;
(iii) "Commercial fertilizer" means any substancecontaining one (1) or more recognized plant nutrients used for its nutrientcontent and designed for use or claimed to have value in promoting plantgrowth;
(iv) "Deficient" means the amount of nutrient found byanalysis less than that guaranteed which may result from a lack of nutrientingredients or from lack of uniformity;
(v) "Department" means the Wyoming department ofagriculture;
(vi) "Director" means the director of the departmentof agriculture;
(vii) "Distributor" means any person who imports,consigns, distributes, manufactures, produces, compounds, formulates, mixes,blends or applies commercial fertilizer, soil conditioner or soil amendment orwho offers for sale, sells, barters or otherwise supplies commercialfertilizers, soil amendments or soil conditioners in this state. Thedistributor may also be the registrant;
(viii) "Grade" means the percentage of total nitrogen,available phosphorus or phosphate, and soluble potassium or soluble potashstated in whole numbers in the same terms, order and percentages as in the guaranteedanalysis, and fertilizer materials, bone meal, manures and similar rawmaterials which may be guaranteed in fractional units;
(ix) "Guaranteed analysis" means the minimumpercentage of plant nutrients claimed in the following order and form:
(A) Total nitrogen (N)------------------- percent
Availablephosphate (P2O5)--------------- percent
Solublepotash (K2O)-------------------- percent;
(B) For unacidulated mineral phosphatic materials and basicslag, both total and available phosphate and the degree of fineness, and forbone, tankage and other organic phosphatic materials, total phosphate;
(C) Additional plant nutrients when mentioned or claimed on thelabel, container or advertising material, shall be registered and guaranteed,and guarantees shall be made on the percentage elemental basis with sources ofthe elements shown. When any plant nutrients or other substances or compoundsare guaranteed, they shall be subject to inspection and analysis in accord withthe methods and regulations prescribed by the department;
(D) Potential basicity or acidity expressed in terms of calciumcarbonate equivalent in multiples of one hundred (100) pounds per ton.
(x) "Investigational allowance" means an allowancefor variations inherent in the taking, preparation and analysis of an officialsample of fertilizer, soil conditioner or soil amendment;
(xi) "Label" means the display of all written, printedor graphic matter upon the container or statement accompanying a commercialfertilizer, soil amendment or soil conditioner;
(xii) "Labeling" means all written, printed or graphicmatter upon or accompanying any commercial fertilizer, or advertisements,brochures, posters and television or radio announcements used in promoting thesale of commercial fertilizers, soil amendments or soil conditioners;
(xiii) "Mixed fertilizer" means a commercial fertilizercontaining any combination or mixture of fertilizer materials;
(xiv) "Official sample" means any sample of fertilizer,soil conditioner or soil amendment taken by the director;
(xv) "Percent" or "percentage" means thepercentage by weight;
(xvi) "Person" means any individual, partnership,association, corporation, or organized group of persons whether incorporated ornot;
(xvii) "Primary nutrient" means the plant nutrientsnitrogen (N), available phosphate (P2O5)or soluble potash (K2O);
(xviii) "Registrant" means the person who registerscommercial fertilizers, soil amendments or soil conditioners under theprovisions of this act. The registrant may also be the distributor;
(xix) "Sell" or "sale" means exchange ofownership or transfer of custody;
(xx) "Soil amendment" or "soil conditioner"means any material which improves the physical or chemical soil characteristicsand is manufactured and sold for such purposes but which is not added for itsplant food content;
(xxi) "Specialty fertilizer" means a commercialfertilizer distributed primarily for nonfarm use such as home gardens, lawns,shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses andnurseries;
(xxii) "Ton" means a net weight of two thousand (2,000)pounds avoirdupois;
(xxiii) "Organic fertilizer" means a material containingcarbon and one (1) or more elements other than hydrogen and oxygen essentialfor plant growth, and allowed for use under the Organic Foods Production Act of1990, as promulgated by the United States department of agriculture"National List of Allowed and Prohibited Substances" rule;
(xxiv) "Secondary or micro plant nutrients" meansnutrients other than the primary nutrients that are essential for the normalgrowth of plants and that may need to be added to the growth medium. Secondaryplant nutrients shall include calcium, magnesium and sulfur. Micro plantnutrients shall include boron, chlorine, cobalt, copper, iron, manganese,molybdenum, nickel, sodium and zinc;
(xxv) "This act" means W.S. 11-14-101 through11-14-118.
11-14-104. Registration of fertilizer, soil conditioner and soilamendments; applications; fees; disposition thereof; exceptions.
(a) Each brand and grade of commercial fertilizer shall beregistered with the department before being distributed in this state. Theapplication for registration shall be submitted on forms furnished by thedepartment and shall include the following information:
(i) The brand and grade;
(ii) The guaranteed analysis;
(iii) The name and address of the registrant or the distributor;
(iv) The sources from which the nitrogen, phosphorus orphosphate and potassium are derived;
(v) Additional plant nutrients, when claimed, the percentageguaranteed and the sources, provided, the minimum percentages which will beaccepted for registration are those recognized by the Association of AmericanPlant Food Control Officials.
(b) Each soil conditioner and soil amendment shall beregistered with the department before being distributed in this state. Theapplication for registration shall be submitted on forms furnished by thedepartment and shall include the following information:
(i) The brand;
(ii) Guaranteed analysis on label;
(iii) The name and address of the registrant or the distributor.
(c) A registration fee of seventy-five dollars ($75.00) shallaccompany each separate formula of brand and grade of fertilizer, soilconditioner or soil amendment to be registered. The registration expires onDecember 31 next following the date of application and shall be renewedannually. All registration fees collected shall be deposited in the stategeneral fund and may be appropriated by the legislature for programs authorizedby W.S. 11-2-202(a)(v), 11-14-101 through 11-14-116 and 11-16-105(a)(v).
(d) A distributor or registrant is not required to register anycommercial fertilizer, specialty fertilizer, soil conditioner or soil amendmentwhich is already registered under this act by another person if the label doesnot differ in any respect.
(e) A distributor or registrant is not required to registereach grade of commercial fertilizer, soil conditioner or soil amendmentformulated according to specifications furnished by a consumer prior topreparation.
11-14-105. Label requirements.
(a) Any commercial fertilizer, soil amendment or soilconditioner distributed in this state in containers shall have affixed to thecontainer a label setting forth in clearly legible and conspicuous form theinformation required by W.S. 11-14-104(a) and (b), the month and year ofpreparation or lot number, and shall show the net weight stated in both metricunits and avoirdupois. In case of bulk shipments, this information in writtenor printed form shall accompany delivery and be supplied to the purchaser attime of delivery.
(b) A commercial fertilizer, soil conditioner or soil amendmentformulated according to specifications furnished by a consumer prior to mixingshall be labeled to show the net weight stated in both metric units andavoirdupois, guaranteed analysis and the name and address of the registrant orthe distributor.
11-14-106. Repealed by Laws 1993, ch. 147, 2.
11-14-107. Sampling of fertilizer, soil amendment or soil conditioner.
(a) The director or his designee shall sample, inspect, makeanalyses of and test commercial fertilizers, soil conditioners and soilamendments distributed within this state at any time and place and to theextent he deems necessary to determine whether they are in compliance with thisact. The director or his designee may enter upon any premises or carriersduring regular business hours to have access to commercial fertilizers, soilamendments or soil conditioners subject to the provisions of this act and tothe records relating to their distribution.
(b) The methods of sampling analysis shall be those adopted bythe Association of Official Analytical Chemists (AOAC). In cases not coveredby such methods, or in cases where methods are available in which improvedapplicability has been demonstrated, the department may adopt such appropriatemethods from other sources.
(c) The department in determining whether any commercialfertilizer is deficient in plant food shall be guided solely by the officialsample obtained and analyzed as provided for in subsection (b) of this section.
(d) Official samples establishing a penalty for nutrientdeficiency shall be retained for a minimum of ninety (90) days from issuance ofa deficiency report. A deficiency in an official sample of mixed fertilizerresulting from nonuniformity is not distinguishable from a deficiency due toactual plant nutrient shortage and is properly subject to official action.
(e) For purposes of this act, the results of official analysisshall be final, unless it is determined by the director that a resample iswarranted. Should a distributor or registrant request a resample of afertilizer based upon the director's findings of a deficiency, all costs associatedwith the resampling and analysis shall be borne by the distributor orregistrant. If results of the resampling establish the results of firstanalysis were invalid, the department shall bear the costs associated with theresampling.
11-14-108. Reimbursement of purchaser of deficient fertilizer.
When a fertilizer is deficient in anyelement beyond recognized investigational allowances, the distributor orregistrant must reimburse the purchaser of the fertilizer an amount equal todouble the current market value of the fertilizer as determined by the statechemical and bacteriological laboratory.
11-14-109. Misbranded or adulterated fertilizer, soil conditioner orsoil amendment; distribution of unregistered fertilizer.
(a) No person shall distribute misbranded fertilizer, soilconditioners or soil amendments. A commercial fertilizer, soil conditioner orsoil amendment is misbranded if:
(i) Its labeling is false or misleading in any particular way,including being labeled organic fertilizer, when its use is not allowedpursuant to the United States department of agriculture "National List ofAllowed and Prohibited Substances" rule;
(ii) It is distributed under the name of another fertilizer,soil conditioner or soil amendment;
(iii) It is not labeled as required in W.S. 11-14-105 and inaccordance with regulations prescribed under this act.
(b) No person shall distribute an adulterated fertilizer, soilconditioner or soil amendment. A commercial fertilizer, soil conditioner orsoil amendment is adulterated if:
(i) It contains any deleterious or harmful ingredient insufficient amount to render it injurious to beneficial plant life when appliedin accordance with directions for use on the label, or if adequate warningstatements or directions for use which may be necessary to protect plant lifeare not shown upon the label;
(ii) Its composition falls below or differs from that which itis purported to possess by its labeling;
(iii) It contains unwanted crop seed or weed seed; or
(iv) A commercial fertilizer that contains guaranteed amounts ofphosphates or micronutrients, contains metals in amounts greater than thelevels of metals established by the following table:
Metal ppm per 1% P2O5 ppm per1% micronutrients
Arsenic 13 112
Cadmium 10 83
Cobalt 3,100 23,000*
Lead 61 463
Mercury 1 6
Molybdenum 42 300*
Nickel 250 1,900
Selenium 26 180
Zinc 420 2,900*
(* only applies
when not
guaranteed)
The table shall be used according to thefollowing three (3) situations:
(A) For fertilizers with a phosphate guarantee, but nomicronutrient guarantee, multiply the percent guaranteed P2O5 inthe product by the values in the table to obtain the maximum allowableconcentration of each metal. The minimum value for P2O5 utilizedas a multiplier shall be six (6.0);
(B) For fertilizers with one (1) or more micronutrientguarantee, but no phosphate guarantee, multiply the sum of the guaranteedpercentages of all micronutrients in the product by the value in theappropriate column in the table to obtain the maximum allowable concentration(in parts per million, or ppm) of each metal. The minimum value formicronutrients utilized as a multiplier shall be one (1);
(C) For fertilizers with both a phosphate and a micronutrientguarantee, multiply the guaranteed percent P2O5 by the value in the appropriate column. The minimum valuefor P2O5 utilized as a multiplier shall be one (1). Then, multiplythe sum of the guaranteed percentages of the micronutrients by the value in theappropriate column. The minimum value for micronutrients utilized as amultiplier shall be one (1). Then, utilize the higher of the two (2) resultingvalues as the maximum allowable concentration (ppm) of each metal.
(c) No person shall distribute unregistered fertilizers, soilconditioners or soil amendments.
(d) No person shall distribute fertilizers, soil conditionersor soil amendments that are short weight. All provisions for enforcement ofitems found to be short weight shall be administered by the department underW.S. 40-10-117 through 40-10-136 of the weights and measures law.
(e) Any penalties resulting from violations of these heavymetal standards shall accrue to the registrant of the material that violatesthe heavy metal standard.
11-14-110. Repealed by Laws 1995, ch. 46, 3.
11-14-111. Rules and regulations.
The director may prescribe and enforcerules and regulations relating to investigational allowances, definitions,records and the distribution of commercial fertilizers, soil conditioners andsoil amendments as necessary to carry out the provisions of this act.
11-14-112. Refusal, suspension or cancellation of registration; holdorders; release.
(a) A registration may be refused, suspended or cancelled forany formula of fertilizer, soil conditioner or soil amendment as hereinprovided, upon evidence that the product is misbranded or adulterated. A holdorder may be issued to the owner or custodian of any lot of fertilizer, soilconditioner or soil amendment to stop sale, use or removal and to hold at adesignated place when the director finds the product is being offered for salein violation of this act, until the law has been complied with and the productis released in writing by the director or the violation has been otherwiselegally disposed of by a court of competent jurisdiction.
(b) No person shall make any false or misleading representationwith regard to any fertilizer, soil conditioner or soil amendment sold, offeredor exposed for sale by the person in this state, either as principal or agent. No person shall use any false, misleading or deceptive brand or grade inconnection therewith. The penalties provided by subsection (a) of this sectionshall apply to any violation of this subsection.
11-14-113. Seizure and disposition of fertilizer found to be inviolation; right to application for release.
Any lot of commercial fertilizer, soilconditioner or soil amendment not in compliance with this act is subject toseizure on complaint of the department to a court of competent jurisdiction inthe area in which the commercial fertilizer, soil conditioner or soil amendmentis located. If the court finds the commercial fertilizer, soil conditioner orsoil amendment to be in violation of this act and orders the condemnation ofthe commercial fertilizer, soil conditioner or soil amendment, it shall bedisposed of in any manner consistent with the quality of the commercialfertilizer and the laws of the state, but in no instance shall the dispositionof the commercial fertilizer, soil conditioner or soil amendment be ordered bythe court without first giving the claimant an opportunity to apply to thecourt for release of the commercial fertilizer to bring it into compliance withthis act.
11-14-114. Notice of violation; hearing; penalty; duty of districtattorney; injunctions.
(a) If examination of any commercial fertilizer, soilconditioner or soil amendment indicates that this act or the rules andregulations issued thereunder have been violated, the director shall givenotice of the violations and an opportunity for a hearing to the registrant ordistributor. If it appears after the hearing that this act or rules andregulations issued thereunder have been violated, the director may certify thefacts to the proper district attorney.
(b) Any person convicted of violating this act or the rules andregulations issued thereunder is guilty of a misdemeanor and shall be fined notless than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00)for each offense, or the director may apply to the district court for thepurpose of preventing further violation.
(c) The director is not required to report for prosecution orfor the institution of seizure proceedings minor violations when he believes thatthe public interests will be best served by a suitable notice of warning inwriting.
(d) Each district attorney to whom any violation is reportedshall cause appropriate proceedings to be instituted and prosecuted in a courtof competent jurisdiction without delay. Violations of this act may be enjoinedby proceedings brought by the district attorney of the proper county, or by theattorney general, regardless of whether criminal proceedings have beeninstituted, provided the director has entered a finding pursuant to this act.
(e) The director may apply for and the court may grant atemporary or permanent injunction, without bond, restraining any person fromviolating or continuing to violate this act or any rule or regulationpromulgated under the act notwithstanding the existence of other remedies atlaw.
11-14-115. Action for damages to crops; evidence.
(a) Nothing in this act shall preclude the right of a purchaserto bring an action for any damages to crops, land or livestock by reason of misbranded,adulterated or deficient fertilizer, soil conditioner or soil amendment.
(b) The department shall, upon demand, make all results ofsamplings, inspections and laboratory analyses available to any purchaser offertilizer, soil conditioner or soil amendment.
(c) In a civil action for damages against any distributor ormanufacturer of any misbranded or deficient fertilizer, soil conditioner orsoil amendment, all results of the department samplings, inspections orlaboratory analyses shall be competent evidence before any court where suchcivil action is pending.
(d) The results of a criminal action for violation of this actis competent evidence in any civil action for misbranding or deficiency of anyfertilizer, soil conditioner or soil amendment.
11-14-116. Sales between importers, manufacturers or manipulatorsexcepted from provisions.
Nothing in this act shall restrict or avoidsales or exchanges of commercial fertilizers, soil conditioners or soilamendments to each other by importers, manufacturers or manipulators who mixfertilizer materials for sale, or prevent the free and unrestricted shipment ofcommercial fertilizers, soil conditioners or soil amendments to manufacturersor manipulators who have registered their brands as required by this act.
11-14-117. Cooperation with other entities.
The department may cooperate with and enterinto agreement with governmental agencies of this state, other states, agenciesof the federal government and any nongovernmental entity in order to carry outthe purpose and provisions of this act.
11-14-118. Registration of ammonium nitrate.
2009 Wyoming Session Laws, Chapter 92,provides this section is effective on and after July 1, 2009 only uponcertification of the governor to the secretary of state that the United Statesdepartment of homeland security has published final federal rules under H.R.2764, Subtitle J, Secure Handling of Ammonium Nitrate or its successor. As ofthe date of the publication of the 2009 Wyoming statutes no such certificationhad been made.
(a) Any person who possesses ammonium nitrate or regulatedammonium nitrate materials shall be registered with the department. Theregistration application shall be on a form approved by the director inconsultation with and upon the recommendation of the director of the office ofhomeland security. The director shall charge an annual registration fee not toexceed fifty dollars ($50.00). Nothing in this section shall require theregistration of any person who produces, sells or purchases ammonium nitrateexclusively for use in the production of an explosive under a license or permitissued under chapter 40 of title 18, U.S.C.
(b) Ammonium nitrate and regulated ammonium nitrate materialsshall be secured to provide reasonable protection against vandalism, theft orother unauthorized use. Reasonable protection may include, but not be limitedto, ensuring that storage facilities are fenced and locked when unattended, andinspected daily for signs of attempted entry or vandalism to any storagefacility. The director in consultation with or upon the recommendation of thedirector of the office of homeland security, may recommend other securitymeasures. The director shall work in consultation with or upon therecommendation of the director of the office of homeland security to provideinformation to ammonium nitrate users on appropriate security measures.
(c) A distributor shall record the date of sale and quantitysold, the valid state or federal driver's license number, the current physicaladdress and telephone number for the purchaser of ammonium nitrate or regulatedammonium nitrate materials. If the purchaser obtains physical possession ofammonium nitrate or regulated ammonium nitrate material, the distributor shall obtainthe registrant's registration number as a condition of completing the sale. Aregistrant, if not a distributor, shall record the date of application. Allsale and application records shall be retained by each registrant for a periodof not less than two (2) years.
(d) Registrants shall comply with all federal and staterequirements regarding the dissemination of any information, providing thedirector and the director of the office of homeland security access to therecords.
(e) For the purposes of this section:
(i) "Ammonium nitrate" means chiefly the ammoniumsalt of nitric acid. Ammonium nitrate shall not contain less than thirty-threepercent (33%) nitrogen, one-half (1/2) of which is the ammonium form andone-half (1/2) of which is the nitrate form;
(ii) "Regulated ammonium nitrate materials" meansregulated ammonium nitrate material fertilizer products which have beendetermined by the director in consultation with and upon the recommendation ofthe director of the office of homeland security to warrant regulation based onthe potential explosive capacity of the fertilizer material determined by theammonium nitrate content.